NO DRIVER, NO PROBLEM- UBER'S DRIVER-LESS CARS ROLL OUT IN PITTSBURGH

I have previously posted on the advent of driver-less cars and the various legal issues that arise from these driver-less cars.  In theory, driver-less cars are a great idea.  However, in practice you have to question whether or not they are a safer alternative to a human brain.  Software glitches, hardware malfunctions, and unforeseen circumstances can all have deadly consequences.  

I have also written on the various safety issues that ride share programs such as UBER pose.  Drivers assaulting passengers, drivers driving recklessly, and insurance issues that arise with ride share programs are all significant issues that have arisen since these companies began transporting people in Portland, Oregon.

It appears UBER is now attempting to mitigate the risk posed by driver's assaulting passengers, driving recklessly, and even the insurance issues.  UBER is now testing driver-less cars in Pittsburgh, PA.   The idea is that if you don't have to pay anyone to drive the vehicle then transportation becomes extraordinarily cheap.   

UBER has a driver-less car test-lab in Pittsburgh and is using the citizens of Pittsburgh as its test subject for this experiment.   The cars will be on the open road putting members of the public at risk.  Engineers assert these cars are specially designed to drive without a driver.  However these cars will have a "back-up" driver.   You have to wonder why is a back-up  driver necessary if the technology is safe.   

There are not any current plans to bring UBER's driver-less cars to Portland, Oregon.   However, should that occur we need to be ready to address the various safety issues that arise from driver-less cars.  I have concerns regarding the efficacy of the software and hardware.  I also have concerns over the proper maintenance of the vehicles and computer systems.  Lastly, I have concerns over the software not being able to account for the numerous tasks that a driver's brain performs.    We will see what happens....

If you or someone you know has been injured, assaulted, or killed by UBER, LYFT, or another rideshare program, please call Personal Injury Attorney Jeremiah Ross.  Ross Law offers free personal injury consultations.   Please call Ross Law at 503.224.1658.  Please refer to the article at this link  for information regarding UBER's driver less program.  

Hit by a DUII Driver? How Much is your case worth?

As a personal injury attorney that also represents crime victims I am called upon to represent people that were in a car crash with a drunk driver (DUI Driver).   The crashes and injuries vary.  Some people are in minor fender benders.  These fender benders often injure people and can cause soft tissue (whiplash) injures.  More significant crashes can result in broken legs, broken arms, and even death.  Often people want to know how much their injury is worth.  In other words, how much compensation should the injured person receive for the hell the drunk driver put them through?   That is not an easy question to answer because each case is different. 

For example I represented a young woman who was stopped at a stop sign.  All of the sudden a driver crashed into the back of her car.   The vehicles suffered some minor damage.  The bad-driver approached my client.  My client immediately smelled the odor of an alcoholic beverage on the bad driver.  The bad driver asked if my client was OK.  She replied she was.  The bad driver then gave her a high five, sprinted back to his vehicle and drove off.  He did not exchange insurance information or wait for law enforcement to arrive.  My client called the police and they later found the bad driver at a local bar.  My client had soft tissue injures to her neck and lower back that lasted a few weeks.  She did not seek medical treatment.  Almost two years later she came to my office.  We ended up resolving the case for over $20,000.00, exclusive of PIP benefits.  Most cases with those types of injuries will resolve for well under $10,000.00.

I also represented a woman that was a passenger in a vehicle that engaged in a high-speed police chase.  In that case the driver was also drunk.  The driver hit another vehicle head on and caused a significant crash.  My client went to the Emergency Room for treatment the next day and was diagnosed with soft-tissue injuries.   She had minimal treatment with a chiropractor.  She received almost $20,000.00 in addition to PIP benefits.  

I have also received policy limits of $100,000.00 for a cyclist that was hit by a suspected drunk driver.  Law enforcement did not arrest the bad driver after giving him field sobriety tests, but we had witness testimony to support our claim he was intoxicated and disposed of a liquor container at the scene.  In that case the insurance company was faced with the prospect of trying to defend a driver that had hid evidence from law enforcement and injured a cyclist so they tendered policy limits. 

The short answer to the question "How much is my case worth if a DUII driver hit me?" is, It depends.  There are too many variables to give an accurate case valuation without determining the extent of your injuries, the treatment sought, the bad-driver's conduct, the bad driver's driving record, the investigation, and other issues.  

The equation becomes more complex when you consider the types of damages available.  In addition to receiving compensation for your injuries, you may also be entitled to punitive damages from the DUI driver.  These punitive damages are designed to punish the DUII driver for their reckless and outrageous conduct.  These damages add value to the case, but are affected by various variables.   

These types of cases also open up additional sources of compensation.  This issue arises when there is not enough insurance to compensate you for your injury, or a bar or social host clearly violated the law.  In that case you may have a "dram shop" claim.  This allows you to attempt to hold the person that over-served alcohol to the DUII driver accountable for causing your injuries.  Dram shop cases are very nuanced and have notice requirements, so you should call a lawyer immediately if you wish to pursue a case against a driver or social host.

If you, or someone you know, were hit by a DUII driver then you should call Portland Oregon Personal Injury Attorney Jeremiah Ross.   Ross Law LLC provides free personal injury consultations for people hit by drunk drivers.  Don't settle with the insurance company for pennies on the dollar.  Know your rights and get the compensation you are entitled to.  Please remember each case is different, your case may be worth more or less than the cases noted above.    At the end of the day only a Jury knows the true value of your case.  Jeremiah Ross is happy to take your case to trial if necessary to ensure we do our best to get you the compensation that you desire.  

Distracted Driving Kills, But Should We Have a Law Outlawing Eating and Driving?

As a personal injury attorney I am constantly exposed to the gruesome consequences of distracted driving.  My clients are typically injured by someone that is driving and not paying attention.  These injuries can range from bruises, soft tissue and whiplash type of injuries to serious catastrophic injuries that require hospitalization, surgery, and months of rehabilitation.   I never get to meet some clients because they were killed by the negligence of another.

With that said, there is an interesting law being proposed in New Jersey to attempt to outlaw anything that can result in unsafe driving.  I have not seen the text of the bill, but reports note that it is aimed with outlawing a driver from participating in any activity that is unrelated to the safe operation of a motor-vehicle. Lawmakers are attempting to make roads safer by outlawing things like shaving and driving, putting make-up on while driving, watching a movie on a ipad while driving, and all of the various other distracting things people do while driving. Depending on the language of the law, it may be challenged on Constitutional grounds for being over-broad. 

A compilation of teen driver vehicle crashes caused by driver distraction.

In any event, I agree with the spirit of the law, but have concerns about its Constitutionality and the power it may provide law enforcement.  Distracted driving is an issue that needs to be addressed.  An article noted that according to the AAA foundation for Traffic Safety, the three main sources of distracted driving are:  

1) Visual (failing to keep a proper lookout)

2) Manual (taking hands off of the wheel)

3) Cognitive (thinking about something else aside from driving)

Those results are in line with the  personal injury cases I see. The AAA study noted that studying whether or not a person is thinking about something aside from driving is the most difficult thing to study.  This seems  fairly obvious, because it is impossible to see into a person's actual thoughts in real time.  For example, it is difficult to prove a person caused a crash because they were day dreaming. 

At the end of the day what does this mean for Oregon drivers?  The data seems to question whether or not these laws are effective.  However, I am sure more studies will pop out of the wood work affirming the validity of these laws.  

I think everyone will agree that texting and driving is unsafe and should be outlawed even if the empirical data from one particular group does not conclude it is.  Should Oregon Law Makers want to eliminate distracted driving, they can probably look to the current Oregon Revised Statutes that outlaw: texting while driving (ORS 811.507), careless driving (ORS 811.135), and reckless driving (ORS 811.140).  Oregon lawmakers may need to decide whether these laws provide a sufficient deterrent to distracting driving.  

Until the lawmakers address the issue, I will be here to hold distracted drivers accountable for the harms and losses they cause to my clients.   If you or a person you know is injured as a result of distracting driving, please call Portland personal injury attorney Jeremiah Ross at 503.224.1658.   Please call Ross Law LLC today for your free personal injury consultation.  

Don't Be "That Person" -Drivers Blocking The Crosswalk While Waiting In Traffic

Anyone that has walked or ran downtown has been a victim of "that person."  "That person" is the person that feels the need to make the selfish move of entering the crosswalk in heavy traffic as the light is turning red.  That Person's car is now stopped in the middle of the crosswalk acting as a barrier for those that are trying to lawfully cross the street.   

You can see it in That Person's facial expression as the anxiety and embarrassment sets in.   The light turns yellow and traffic isn't moving.  You can observe That Person check their mirrors looking for a place tor drive their car.  Sometimes That Person is able to get out of the way by pulling quickly into a parking spot off to the right or left side of the street.  Other times they simply stare straight ahead actively ignoring the chaos around them that they have caused.  

Notice the Walk Sign is Illuminated, but it is not safe to cross the street.  To cross you have to exit the crosswalk.

Usually by pulling ahead at the last minute while the light is turning red, "that person" has blocked the crosswalk and may be blocking traffic that is trying to move forward on the cross street.   This creates a very dangerous situations for pedestrians that may result in personal injury  or wrongful death.  Last, but not least, blocking the crosswalk is also a violation of the law.  (See ORS 811.028)

Pedestrians see the "walking sign" illuminated, but then see their path is blocked by a vehicle. This is obviously an issue.  Pedestrians then have the option of 1) going in front of the car, 2) going behind the car, or 3) waiting until the car has cleared the intersection until it is safe to cross.  Some of these are bad options for the reasons stated below:

Option 1)  Going in front of the car:  If the car is blocking the crosswalk it may seem like the safest option to walk in front of the car.   Walking in front of the car usually involves leaving the safety of the crosswalk.  In doing so, the pedestrian is now in "no man's land" where there is not any law to protect them.  If they are injured the bad driver will argue they left the safety of the cross-walk.   Additionally, the pedestrian must hope that the driver who is blocking the intersection does not suddenly pull forward.   I have seen this occur, as it seems the driver is so worried about getting out of the crosswalk they have blinders on as to who is crossing the sidewalk in front of them.   Obviously Option 1 is not a great option.    It also may result in a violation of violation of ORS 814.040 (failure to yield to a vehicle.) 

Option 2) Going behind the Car:  The pedestrian may think that going behind the car may be the best option for safely crossing the street without getting injured. However, similar to crossing in front of the car, crossing behind the car will result in the pedestrian leaving the crosswalk.  Going behind the car also presents a unique safety issue, because now the pedestrian may be susceptible to being hit by a car crossing the intersection from the cross street.   Also, cars that are turning onto the street where "that person" has blocked the crosswalk may be pulling forward to get close to the car that is blocking the crosswalk.  Obviously, this puts the pedestrian at risk of being hit or sandwiched between the two cars.  Again, similar to Option 1, leaving the crosswalk may result in a violation of ORS 814.040 (failure to yield to a vehicle.) 

Option 3) Waiting for the Car to Clear the Crosswalk: Waiting for the car to clear the crosswalk is probably the best option.  Most lights in Portland and other Oregon Cities don't take that long.  At most you may lose a few minutes of your day by waiting for it to be safe to cross the street.   It is my opinion that it is best to wait until the cross walk is clear and it is safe to cross the street.  This is the only way to attempt to mitigate the risk of injury from being struck by a car while crossing the street.   

If you, or a person you know, has been hit by a car while crossing the street, please call Portland Oregon Personal Injury Lawyer Jeremiah Ross.  Ross Law LLC is happy to provide you a free personal injury consultation.  Please call Jeremiah Ross at 503.224.1658.  Please also remember that each situation is different do not solely rely on this post to ensure your safety.   

Evolution-Another Way to Prevent Car Crash Injuries and Deaths

Car crashes kill tens of thousands of Americans every year.  Here in Oregon roughly 312 people were killed in Motor Vehicle Crashes in 2015.   According to CBS, Motor Vehicle crashes and other "Accidents"  are the fourth leading cause of death in the united states.  These frightening statistics are why we  spend millions of dollars on trying to make the roads and vehicles safer, but what if there was another way to prevent injuries in car crashes?  It turns out there might be.  We as a species can  evolve to survive car crashes.  

Meet Graham.  Graham has already evolved to survive car crashes.  He looks strange, but he should survive most car crashes. 

Graham is an amazing example of how us humans have evolved to protect our species, but it turns out he isn't real.  Graham was created by the Australian Government to use as a tool to educate people about the dangers of car crashes.  Here are some of his features:

Neck:  The vast majority of my clients suffer some neck injury if they are in a car crash.  In a crash the head keeps on moving while the body stays in place.  This causes the neck to strain and flex in a manner it wasn't  intended to do. This is why most people will have a sore neck for a couple of days after a car crash.   However, some people suffer cracked vertebrae, herniated discs, and it can even break.  A broken spinal column can cause paraplegia or quadriplegia.  Recognizing that the neck was a weak point in the body, Graham evolved to not have a neck anymore. 

Face:  Facial injures can be common.  Their is minimal tissue to absorb impact, so even low impact crashes can result in broken facial bones.   Graham's extra fatty and flat face helps absorb and disperse the energy from an impact.

Skull:  Head injuries are common in car crashes.  Many times the head will suffer trauma from bouncing off of the steering wheel, the side post, or the side window.  This can occur even if the person is seat belted in.   These head injuries can be fatal, as they can damage the brain. Graham has evolved to have a skull shaped like a helmet that will absorb more impact earlier.  He also has "crumple zones" in his head.

Brain:  Brains are tossed around inside your skull in a car crash.  This causes damage to the brain.  Many times this brain damage is irreperable.  Graham has evolved to survive a crash without a Traumatic Brain Injury (TBI)

Ribs:  Ribs are often cracked or strained in a car crash. This is because they absorb much of the energy as the body is pressed against the seat belt in a crash. Broken ribs are very painful, but they can cause serious injuries if they fracture.  Fractured ribs can puncture lungs and other vital organs that can cause serious injury or death.  Graham evolved to have more nipples and fatty tissue around the ribs, so that the chest became an, "airbag instead of armour." 

Graham also has tough thick skin, his knee joints rotate 360 degrees and his feet and ankles are built to survive being hit by a vehicle.  If you want to learn more about Graham and the project go to the link: Meet Graham

If you haven't evolved to survive a car crash and were injured in a car crash, please call Portland Oregon Personal Injury Attorney Jeremiah Ross.  Ross Law LLC is happy to provide you a free personal injury consultation.  Please call 503.224.1658 for your free personal injury consultation. 

Tesla's Dangerous Autopilot Feature-Crashes and Recalls

Earlier this week I had written about the dangers of TESLA'S Autopilot feature.  There are allegations that this feature is responsible for causing car crash injuries and deaths throughout the United States.  Yesterday, Consumer Reports made the bold announcement requesting TESLA to disable the autopilot feature until the glitches are worked out.  This would allow TESLA to make the vehicles safer for people on the road.  

As I had stated earlier this week, Consumer Reports agrees that marketing the feature as "autopilot" will lead to driver complacency.  This is due to the fact that the name implies that the driver is not required to do anything.   The sales and marketing of the autopilot feature directly contradicts any warning TESLA may provide consumers.TESLA is denying liability and claims the autopilot feature is safe.  Tesla claims the statistics support their assertion that the autopilot feature is safe. 

If you or someone you know has been injured by an autopilot feature in a TESLA or any other vehicle, please call Jeremiah Ross at 503.224.1658.   Portland Oregon based Ross Law LLC is happy to provide a free consultation to any personal injury or products liability client.  

Self Driving Cars-Who is Responsible when there is a Crash?

The recent tragic death of a driver of a self driving Tesla has created another area of uncertainty in the litigation realm.  These cases appear unique and there are a handful that are being litigated around the United States.  I am not aware of any Oregon Cases where a vehicle on "auto pilot" caused a serious injury or death.  

RAW video and interviews from media event: Chairman on 30 Mile Highway Trip in Driverless Car Chairman Bill Shuster Will Join PennDOT Secretary Barry Schoch in Self-Driving Car from Cranberry to Pittsburgh International Airport Washington, DC - Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) will join Barry Schoch, Secretary of the Pennsylvania Department of Transportation, as Carnegie Mellon University¹s driverless 2011 Cadillac SRX transports them from surburban Cranberry to Pittsburgh International Airport.

These cases are unique products liability cases, because the cause of car crashes have historically been a driver's negligence.   Some vehicles have significant mechanical or electrical failures that have caused crashes, but the overwhelming majority of car crashes are caused by negligent humans behind the wheel.  Now this has all changed with the advent of the driver-less car.

Car companies are aware of this and the company Tesla is failing to concede its auto-pilot was the cause of a crash in Pennsylvania.  Instead, they have the typical response of "deny and deflect."  Tesla of course is denying it was the Tesla that caused the crash and Tesla is attempting to deflect the blame on the driver.   Tesla noted that "drivers are instructed to keep their hands on the wheel and maintain responsibility of the vehicle."

Tesla's instruction is what makes these cases interesting to legal geeks like myself.  This is a unique product that is marketed as "autopilot."  In reality, these vehicles are only partially self driving. The marketing coupled with the driver's expectations can create a sense of complacency for drivers.   Tesla must be aware of the driver's complacency.  However, what purpose does auto pilot serve if a driver still has to pay attention and keep their hands on the wheel?

Eventually an Oregon court will have to determine what legal theories are viable against certain defendants in failed autopilot car crashes.  Vehicle Manufacturers, Dealers, and the various companies that designed and programmed the software might all be viable defendants.   Products Liability claims, Negligence claims, Contractual causes of action, and maybe even Fraud may be proper Claims for relief depending on the facts of a specific case.   These cases may also be suitable for a Class Actions where numerous consumers have a common issue.

In the mean time, consumers can only hope manufacturers and software engineers are able to fix the bugs and glitches.  These bugs and glitches can result serious injuries and death, so their is no excuse for them to take every effort to protect their consumers and other people driving on Oregon's roads and highways. 

If you or someone you know have been injured in a crash where a car with auto-pilot was involved, please call Portland, Oregon attorney Jeremiah Ross at 503.224.1658.  Ross Law LLC is always happy to provide free personal injury consultations.  Please remember that the law is constantly changing.  This blog article is intended to create awareness of the safety issues wit driver-less cars and is not intended to be legal advice.   

Is Your Case Too Small For A Lawyer To Handle?-ORS 20.080

I was having lunch with a chiropractor yesterday and somehow we began to speak about the viability of representation for people with soft tissue injuries and only a couple of months of chiropractic treatment.   Most people that have soft tissue injuries and a few months of treatment think that their case is too small for a lawyer.  As a result, they are left without representation.  This leaves them at the mercy of the insurance adjuster.

Insurance companies prey on these unrepresented people.  The adjusters do their best to convince them that soft tissue damages don't merit compensation. The insurance adjuster will repeat the fact that there isn't any major damage to the vehicles.   The adjuster will diminish the impact by claiming it is a mere fender bender with only $1,000.00 in property damage.   These are the obvious tactics the adjuster uses to convince people they have no case.  The adjuster has been trained to try and convince people that if the vehicles involved in the crash are not damaged then a person couldn't be injured.

 The bad driver's insurance company will often offer a few hundred dollars and say what ever it takes to get you to resolve the case.  Many times the insurance adjuster on a small case will be very friendly at first.  However, the insurance adjuster's mood will quickly sour once you don't accept their first couple of offers.   People injured in car crashes shouldn't have to deal with that.  That is where a lawyer can help.

The question then becomes, How does a lawyer get paid in a small soft tissue case? Luckily Oregon law has the answer.  Oregon Law (ORS 20.080) is often referred to as the "small case statute."  This is a fantastic law that has assisted many Oregonians obtain maximum compensation for their injuries.  The law was enacted, because many insurance companies take advantage of unrepresented injured people with cases that are not worth more than a few thousand dollars.   Prior to the law, insurance companies knew that a lawyer couldn't make money on a small case, so the insurance company didn't have to make a fair offer.  Basically the insurance company could do whatever they wanted with the offer without fear of being held accountable by facing a lawsuit.   Then ORS 20.080 was enacted and it all changed.

ORS 20.080 basically states that people that have been injured by another person can make a written demand to the at fault party and the at fault party's insurance company.  The demand will be sent with any medical records, bills, or other records to assist the insurance company in evaluating the claim.  The injured person will also let the at fault party and their insurance company know they have 30 days to meet the injured person's demand of no more than $10,000.00.

The ball is then in the at fault party's insurance company's hands.  It then becomes an issue with what offer, if any, the insurance company will make within the 30 days.  ORS 20.080 was drafted with the intent to force insurance companies to make their top offer in the thirty days, so there usually is not much negotiating that should occur.  

If the insurance company makes an offer then you have some choices. If you like the offer, then you can accept it.  If not, then you can do nothing or counter-offer.  If you do nothing and file a lawsuit then you must beat the insurance company's last offer.  If you beat the last pre-filing offer then then the insurance company has to pay your costs and attorney fees in addition to any award or judgment you receive from the court or arbitrator.

For example, say a person is in a car crash.  The person suffers soft tissue injuries and treats with a chiropractor for 2 months..  The person sends out a written demand letter and medical records and bills to the at fault party and the at fault party's insurance company.   The insurance company makes an offer of $900.00 to the injured party and claims it is their "top offer."  If the injured person accepts that offer, then the attorney might be entitled to a third of it ($300.00) to pay the attorney fees.  This would mean the injured person obtains $600.00.

However, if the injured person then files a lawsuit against the bad driver the injured person can obtain much more.   If, the case proceeds to arbitration and the arbitrator awards the injured person a penny more than $900.00 then the injured person should receive $900.01.  The insurance company then has to pay the injured person's costs and attorney fees separately.  Usually the insurance company has to pay thousands of dollars in attorney fees and costs.

ORS 20.080's power is derived from insurance companies fear it will be forced to pay tens of thousands of dollars in attorney fees for a small case valued at less than $10,000.  That provides the incentive for the insurance adjuster to make a good offer prior to litigation.  This also provides an incentive for people like myself to represent people with small cases under $10,000.00.  

 Unfortunately, many insurance companies still try and take advantage of unrepresented people.  Insurance companies also try and low-ball pre-lawsuit offers even when a person is represented.  An attorney in these situations can help you navigate the system and do their best to assert your rights to obtain maximum compensation for your injuries.  Even if you think your case is too small, I strongly suggest you contact a lawyer. 

If you have more questions about a small case where you were injured or your property was damaged by the negligence of another, please call Portland Personal Injury Attorney Jeremiah Ross.  I am always happy to chat with people to discuss whether or not a lawyer may be of assistance to them, and what their rights are.  Ross Law LLC is happy to provide a free personal injury consultation.  Please call Ross Law LLC at 503.224.1658.   Please note that different attorneys have different fee agreements with their clients.   The above example is based on the typical arrangement I have with my personal injury clients.  However another Oregon Attorney may do it differently.